- (1.) In this petition under Articles 226 and 227 of the Constitution of India, Petitioners who are Accounts Assistants in the Punjab State Leather Development Corporation Limited, Chandigarh, (hereinafter referred to as the Leather Corporation), are seeking a writ in the nature of Certiorari, for seeking parity with Accountants, Assistants-cum-Accountants, Accounts Assistants etc. in the State of Punjab.
(2.) As per the case set up by the petitioners, petitioners were appointed in the year 1984, in the pay scale of Rs. 450-800/- to begin with and in scale of Rs. 510-800/- after two years, w.e.f. 8/9/10/11/15.10.1986. Petitioners have alleged that the duties of the Accounts Assistants in the Leather Corporation are similar to the Accounts Assistants in the State of Punjab. The Third Punjab Pay Commission in para 25.15 of its report recommended to the following : "The Employees performing the duties of Assistant or almost similar duties have been given different designations viz. Accountant, Assistant-cum-Accountant, Accounts Assistants etc. in different departments. All such cadres who are in the scale of 570-1,080 should be given the scale recommended by us for the category of Assistant. Government may, however, consider rationalization of their designations also since the employees working on these posts are interchangeable. In this connection, a generic designation of Assistant is proposed to be adopted. The specialisation Accounts may be mentioned in brackets after the word Assistant." On finalisation of the said report and the report of the Anomalies Committee, the Accounts Assistants who were in the pay scale of Rs. 570-1,080/- were given the scale as recommended by the Pay Commission for the category of Assistants. Petitioners made a grievance to the management of the Leather Corporation that they be also given revised pay scale in pursuance to the recommendations of the Third Pay Commission, as being given to the employees of the Punjab Government. The petitioners have further alleged that the management of the Leather Corporation recommended the grant of pay scale on the Punjab Government pattern, to the committee which was constituted to go into demands of the employees of the Corporation, but the Committee rejected the recommendation of the management vide their minutes of the meeting held on 11.7.1989. The Committee held as follows : "The Committee also did not approve of the proposal to fix up the Accounts Assistants in the pay scale of Rs. 1,500-2,640/-, Which is equivalent to the pay scale of Assistants, as suggested through a separate agenda item as it was felt that it would amount to promoting the entire category of officials from a lower pay scale to the higher pay scale. The Committee recommends the revised pay scale for Accounts Assistants as Rs. 1,200-2,100/-." The Board of Directors of the Leather Corporation accepted the recommendations of the Committee, and the Managing Director was authorised to fix the pay of the employees w.e.f. 1.1.1986 in accordance with State Government's rules in the revised pay scale as recommended by the Committee. Petitioners felt aggrieved of the decision of the Board and raised demand with the Leather Corporation through their union and individually. The representation of the petitioners was rejected. Vide letter dated 21.3.1991, petitioners were conveyed that the Punjab Government had revised the pay scale of those Accounts Assistants who were in the pay scale of Rs. 570-1,080/-, to the pay scale of Rs. 1,500-2,640/- (now revised to Rs. 1,800-3,200) whereas in the Leather Corporation, the unrevised pay scale of Accounts Assistants was Rs. 450-800/- and Rs. 510-800/- w.e.f. 1.7.86 which was lower to revised grade of Rs. 570-1,080/-. They were also informed that the Board of Directors in their meeting dated 3.7.1990, had decided that six posts of Accounts Assistants be upgraded to that of Junior Accountants and the scale of Rs. 1,500-2,640/- be given to them, in regard to which Punjab Government's approval has been sought. Accordingly the petitioners were informed that it is not feasible to grant the revised scale of Rs. 1,500-2,640/- to whole category of Accounts Assistants as it would tantamount to upgradation of the category as a whole and that as such, there is no anomaly in their case. This rejection (Annexure P-3/1) is being impugned here in the present writ petition.
(3.) In reply, the Leather Corporation in its written statement, has stated that there are two different cadres in the corporation - one of Assistants in the pay scale of Rs. 1,500-2,640/- corresponding to the unrevised scale of Rs. 600-1,120/- and the other of Accounts Assistants, i.e. the cadre to which the petitioners belong, in the scale of Rs. 1,200-2,100/-, equivalent to unrevised scale of Rs. 450-800/-. The Leather Corporation has further stated that the duties of Assistants are of higher responsibilities and, therefore, they are given higher pay scale, whereas the duties of Accounts Assistants are of lower responsibilities and, therefore, they have been placed in a scale lower to that of Assistants of the Leather Corporation itself, and Assistants, Accountants, Assistant-cum-Accountant etc., of the Punjab Government. Petitioner, by claiming the scale of Rs. 1,500-2,640/- are seeking parity with the Assistants without shouldering the higher responsibilities, which is not permissible under the law.;